Right to correction and erasure of personal data
- Status
- Upcoming
- Applies from
- 13 May 2027G.S.R. 843(E)
- Penalty
- Up to Rs 50 croreSchedule, item 7
- Binds
- Every Data Fiduciary, for each Data Principal
In plain English
A person can ask for their personal data to be corrected, completed or updated, and to be erased when it is no longer needed for the purpose it was collected for, unless a law requires it to be kept. The Data Fiduciary must correct inaccurate or misleading data, complete incomplete data and erase data when asked, within the limits of other laws.
What you must do
Correct, complete or update data on request, and erase it unless a legal retention duty applies.
Pass the correction or erasure on to processors holding the data.
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Gazette text · s. 12A Data Principal shall have the right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent, including consent as referred to in clause (a) of section 7, in accordance with any requirement or procedure under any law for the time being in force.
- (1)A Data Principal shall have the right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent, including consent as referred to in clause (a) of section 7, in accordance with any requirement or procedure under any law for the time being in force.
- (2)A Data Fiduciary shall, upon receiving a request for correction, completion or updating from a Data Principal,—
- (a)correct the inaccurate or misleading personal data;
- (b)complete the incomplete personal data; and
- (c)update the personal data.
- (a)
- (3)A Data Principal shall make a request in such manner as may be prescribed to the Data Fiduciary for erasure of her personal data, and upon receipt of such a request, the Data Fiduciary shall erase her personal data unless retention of the same is necessary for the specified purpose or for compliance with any law for the time being in force.
Source: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy)
Sources: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy); DPDP Act 2023, s. 12 · Change log